Mumbai, October 1, 2022 (Mumbai Legal News): The Additional Sessions Judge, Smt. C.V. Patil, at the Sessions Court for Greater Mumbai, has granted bail to Mrs. Rekha Baburao Lokhande, a 62-year-old woman, pending the hearing of her appeal against a conviction by the Metropolitan Magistrate, 72nd Court, Vikhroli, Mumbai. The order, passed on October 1, 2022, recognizes the appellant’s statutory right to challenge the lower court’s judgment.
The case originated from C.C.No.325/SS/2016, where Mrs. Lokhande was convicted on June 30, 2022. Subsequently, she filed a Criminal Appeal (No. 430 of 2022) before the Sessions Court to challenge this conviction. Along with the appeal, she moved a bail application (Criminal Bail Application No. 1859 of 2022, CNR NO.MHCC02-010167-2022) seeking release on bail during the pendency of her appeal.
In her application, Mrs. Lokhande submitted that the offense she was convicted of was bailable. She argued that as her appeal against the conviction was pending, she should be granted bail.
The second respondent in the case, Shivchaya Co-operative Society Ltd., represented by its authorized representative Shri Rajaram B. Pawar, opposed the bail application. However, the grounds for their opposition were not detailed in the court order.
Advocate Mr. Vijay Agale appeared on behalf of the appellant/accused, Mrs. Lokhande, while APP S.V. Keknis represented the State of Maharashtra (Respondent No. 1), and Adv. D.A. Powar appeared for Respondent No. 2, Shivchaya Co-operative Society Ltd.
After considering the submissions and perusing the judgment of the Metropolitan Magistrate dated June 30, 2022, the Sessions Court acknowledged the appellant’s right to challenge the conviction. Judge Patil stated that the “Right to challenge order and judgment is statutory right of appellant. Therefore during pendency of appeal the appellant be released on bail.”
Consequently, the court allowed the bail application.
The order passed by the Additional Sessions Judge, Smt. C.V. Patil, was as follows:
- Bail Application No.1859/22 is allowed.
- The appellant/accused Mrs. Rekha Baburao Lokhande be released on PB and SB of ₹10,000/-(Rupees Ten Thousand).
- Thus, Bail Application No.1859/22 stands disposed of.
This order grants temporary relief to the 62-year-old Mrs. Lokhande, allowing her release from custody while her appeal against the conviction is being heard by the Sessions Court. The court’s decision emphasizes the importance of the right to appeal and the principle that an individual, even after conviction for a bailable offense, should not necessarily remain incarcerated while pursuing their legal remedies in a higher court. The relatively low bail amount suggests that the court considered the nature of the offense and the appellant’s circumstances. The specifics of the original conviction and the grounds for appeal were not detailed in this particular order.